I'm copying and attaching a letter, received yesterday morning from David Nathan-Maister, who is the only person to whom I humbly defer on the topic of absinthe. I may occasionally defer to others, but not humbly. David, owner of Oxygenée Ltd., is arguably the most well-respected absinthe expert in the world. If you're an absinthe producer—or have even the vaguest plan to become an absinthe producer—you owe him a debt of gratitude, whether you know it or not.

So, if you're an absinthe producer—or have even the vaguest plan to become an absinthe producer—and you have the means to respond, I strongly urge you to do so.

If you feel you don't have a dog in this fight, you're mistaken. The Swiss government is well-known for exerting pressure where needed in order to protect their national identity and products associated with it. If this measure passes—and it will if unopposed—you can expect the fight to come to your door fairly soon. I just spoke with David this morning, and I assure you the sense of urgency in the letter below is not exaggerated.

May 23, 2010

Dear Absinthe Producer,

On March 31, 2010, the Swiss Interprofession filed for an IGP (Indication de Provenance Géographique) for the Val-de-Travers that specifically and independently protects not only the words the words "La Bleue", but also "Absinthe"and "Fée Verte".

Switzerland and the European Union are bound by several treaties, including the Agreement on Exchange of Agricultural Products dated April 30, 2002, and in particular, Appendix 8 relating to Wines and Spirits. As a result, E.U. producers will soon no longer be able to use the word "absinthe" as a product description. It's likely that this restriction would be extended to US producers (and in practice distributors) as well.

We strongly feel this action is inappropriate, as the word "absinthe" itself refers to a plant, and a type of liquor historically derived from it. The term "absinthe" does not refer to a specific region of Switzerland, nor does it imply that absinthe cannot be produced outside of the Val-de-Travers, as history proves that absinthe (including absinthe of the highest quality) was and is produced in other countries, including France, Spain, Portugal, the Czech Republic, Germany, Austria, the USA and others. From the Belle Epoque through the present day, the Val de Travers has in fact accounted for only a tiny fraction of worldwide absinthe production, and in the modern era only an infinitesimally small fraction of green absinthe production.

Our legal counsel has indicated this IGP will be approved unless swift action is taken to oppose it within 90 days of the filing date, which is less than 30 days from the time this letter was written.

The consequences of this IGP being adopted unmodified will be catastrophic for absinthe producers outside the Val de Travers, and also for those companies in Europe and the US which distribute and sell non-Val de Travers absinthes.

There is some local opposition to the IGP in Switzerland itself from absinthe producers outside the Val de Travers, but if this is successful it may simply lead to the IGP being modified to include all Switzerland - no use at all to producers elsewhere. What is needed is urgent and concerted action from producers and distributors worldwide to stop this historical and geographic travesty in its tracks.

We are writing this letter to request your urgent support to fight this action. Without adequate support, E.U. producers will no longer be free to use terms like "Absinthe" and "Fée Verte". Our legal counsel is confident that the Swiss petition can be defeated, but there is no time for delay.

You may be aware that this legal team successfully overturned the French decree on fenchone and pinocamphone recently, and we have complete confidence in their professionalism and ability to defeat this matter.

We are asking for your participation, which is requested in the amount of one thousand Euros (€ 1.000,00). Your contribution will provide the support we need to fight this petition, and no more will be asked of you. The money will go directly to the account of the legal team, who have agreed to undertake this work at a substantially reduced tariff. Any surplus funds received will be returned by them to the donors on a pro-rata basis.

Please forward payment directly to NIXON PEABODY, our legal representatives at the coordinates below, reference the phrase "ABSINTHE IGP" together with your name and business when making payment, and inform us of your payment via email. Please advise if you have any questions, but please do so quickly, as we have less than 30 days to respond.

The clock is ticking, and time is running out. If everyone sits on their hands and hopes for the best, the IGP will be approved. We must act now, with the greatest urgency to stop this. Please join this urgent campaign immediately.

Publication of the application for PGI Absinthe, the Green Fairy and The BlueBerne, 3-31-2010

The Federal Office of Agriculture published today in the Swiss Official Gazette of Commerce, the application for registration of protected geographical indication (PGI) of the names "Absinthe", "Fée Verte" and "La Bleue".

The three names designate a single product, a spirit drink produced from ethyl alcohol of agricultural origin, water and a mixture of specific plants. Their recording as PGI's objectives is to avoid imitation and theft and to protect the reputation as the original product. The geographical area of transformation is the district of Val-de-Travers in the canton of Neuchatel.

Born in Val-de-Travers in the late eighteenth century, this product has quickly gained an important success that has contributed to economic development in this region. Beyond its intrinsic flavor characteristics, this product also owes its fame to several factors, including the complex rituals that accompany the tasting and the passion that prompted its supposed virtues and evils. Even the period of prohibition, which lasted from 1910 to 2005, was not enough to stifle the link between the product and its terroir of Val-de-Travers. Absinthe's reputation has grown steadily, according to her turbulent history and myths surrounding it.

The register of appellations of origin or geographical indications can protect geographical or traditional designating agricultural products and processed agricultural products whose identity and key characteristics are determined by their geographical origin. When a name is protected, its use is limited to producers of the defined geographical area, provided that they meet a set of specifications. The publication of applications for registration shall be subject to a public inquiry. Any person with a legitimate interest and the townships may oppose the registration for a period of three months.

The federal register of protected designations of origin and geographical indications currently records 27 registrations: 19 AOC and 8 IPG. The documentation is available at: www.blw.admin.ch (Themes> Production and Sales> Description of products and sales promotion> Appellations of Origin).

Maker of Marteau Absinthe and Foxtrot London Dry Gin

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If you don't like anise at all, you're not likely to care for any decent absinthe, as absinthe is an anise flavored drink. It's kind of like asking if there are any good beers that don't taste like hops or malt.----Hiram

If you don't like anise at all, you're not likely to care for any decent absinthe, as absinthe is an anise flavored drink. It's kind of like asking if there are any good beers that don't taste like hops or malt.----Hiram

I just plunked down some coin for a bottle each of Duplais Verte and Blanche specifically because they fall outside this attempt at cultural robbery. This will be the only Swiss absinthe I will buy until this matter is resolved.

Those with knowledge easily sense the truth of things. Those with egos built up on rumor and fancy, tend to maintain a hard line. - Tatan (Evan Camomile)

If you don't like anise at all, you're not likely to care for any decent absinthe, as absinthe is an anise flavored drink. It's kind of like asking if there are any good beers that don't taste like hops or malt.----Hiram

Since a few of you have invited me to comment, I feel it would be rude to ignore you much longer!

However I am not an official spokesman for the Swiss absinthe "interprofession," and I don't have access to that much information about this. It seems to me that this goes beyond just absinthe, and relates to bigger EU/Switzerland issues, e.g. free trade, product standards etc. Since I understand those issues less well (even less well?) than I understand absinthe, I don't think I can add much more than the above and a "No further comment" at this stage.

How about now?

Maker of Marteau Absinthe and Foxtrot London Dry Gin

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For WS members that would like to contribute (and are not producers, yet), could we start a short-term fund drive from The Wormwood Society? Say, a two week fundraiser that would go to the legal team from all of us. I'm guessing either Gwydion, Marc or Brian would have the skills to collect and then forward the cash.

Unfuckinbelievable, and from a country that already had a pretty decent definition of absinthe. Everyone of those producers should know better. I don't care what nice guys and gals they're supposed to be or whatever, they're participating in a greedy, rank outright lie. Trying to turn a lie into enforceable law for profit is inexcusable.

I was hoping this whole thing would blow over, 'cause there's some nice VdT absinthes I enjoy and some I want to try, but I have no problem going without. I know my efforts wont exactly be earthshattering, but I'm gonna have to go ahead and remove Clandestine as a contact in social media (I now feel dumb giving them free advertising thinking they were the "good guys"), along with editing my positive reviews of CLB and La Ptite.

It'll be quite sometime, if ever, before I have anything good to say about VdT absinthes/producers, and even longer before I consider spending any money on them.

For WS members that would like to contribute (and are not producers, yet), could we start a short-term fund drive from The Wormwood Society? Say, a two week fundraiser that would go to the legal team from all of us. I'm guessing either Gwydion, Marc or Brian would have the skills to collect and then forward the cash.

I support this idea.

Sorry, Alan, I love CLB but this is bullshit.

Likewise. I was thinking about ordering a bottle the other day, and I was thinking about walking over to the nearest liquor store and buying a bottle of Kübler earlier this week. Looks like I won't be doing either. Good thing there are so many tasty ABSINTHE vertes out there.

I don't think anyone would have complained if they tried to get protection for "La Bleue" alone. But "absinthe" and "fee verte" are quite over the top. Especially since many VdT absinthes are lazy, uncolored, mediocre absinthes.

Aggelos is right though, greedy and anti-competitive as they might be, the VdT gang can't stop people from using the name of a plant. Especially not a French name for a plant.

So in the end, absinthe will continue to be made outside of VdT, and made better than those coming from VdT. In addition, the history books will show them as a bunch of jackasses.

To say that they are shooting themselves in the foot is an understatement. They are committing suicide. Poor sods.

It's a shame, I had actually planned on going to Boveresse next year. Time to host a new absinthe feast and celebration outside of VdT, since those gentlemen are not a friend of the absinthe community.

Every hour is green hour. -Hedonmonkey

Sometimes bad just gets so bad that it breaks thru to the other side and becomes good. - Phoenix

I don't have 1,000 Euros to support this effort to prevent this. But it's clearly not a valid claim.

Since the Swiss government doesn't have to answer to anyone but it's own citizens, I wouldn't be surprised if they pass it and let the burden of proof (as well as legal costs) fall on the non-Swiss producers.

Too bad they didn't try and protect their "absinthe" going back to the early 90's when the Czechs started making absinthe and flooding EU with their products.

There's many people who are nice people, but not nice business people.

I suspect that Kübler is behind this. And the other producers in VdT are going along because of their own reasons.

Remember that in the US there is no class of spirit called "absinthe" (technically).

"Good is the only investment that never fails." Thoreau."Don't you push me baby cause I'm holdin' low / and you know I'm only in it for the gold" Grateful Dead
Distiller and Proprietor, Delaware Phoenix Distillery, Walton, NY. DSP-NY-15019. www.delawarephoenix.com

Since the Swiss government doesn't have to answer to anyone but it's own citizens, I wouldn't be surprised if they pass it and let the burden of proof (as well as legal costs) fall on the non-Swiss producers.

Yes but a Swiss approval will virtually guarantee an EU approval. In some cases, the EU protected geographical status plays second fiddle to individual country protections, like French wines. An EU approval would have a great affect on the European brands we currently love to import and imbibe. An EU approval would also certainly bring pressure on the US as well, except for the fact that the US doesn't generally give two shits about geographically protected statuses, the least of which would be a bogus claim by the VdT gang.

Too bad they didn't try and protect their "absinthe" going back to the early 90's when the Czechs started making absinthe and flooding EU with their products.

I think it's clear that the VdT gang are doing this because of competition, and not protection of the spirit. The Czech fakesinthes were never competition. And, of course, absinthe production in Switzerland at the time was still very much clandestine.

Ahhh, we're still here to educate. The reviews should stay, JMO. You could add a little note if you'd like, but that may appear political.

I thought about that as well. If we're here to educate, we should educate. I figure Brian will want the reviews to stay too. So I think a footnote would be appropriate. But in the end, they're his reviews to dispose if he so chooses.

There ought to be a way around some of it as Aggelos suggested.

The EU laws on geographical protections are pretty strict. They even forbid language such as "like" and "style." The plant issue is the only way I see that others can continue to label their absinthes accordingly.

Every hour is green hour. -Hedonmonkey

Sometimes bad just gets so bad that it breaks thru to the other side and becomes good. - Phoenix

can you buy Champagne in the usa that wasn't made in Champagne? Or is it called sparkling white like in Australia?

EDIT; forget that question i just realised that was a wiki link and it states in the first line the answer.

It seems a bit like a expensive excersise in futility, a triumph of enthusiasm over common sense. If producers can label their product 'spirito o' plants Absinthe' then keine sorgen, macht nichts or no worries.

Edited by ignis, 28 May 2010 - 04:54 AM.

"I just want silence. Jesus, it doesn't mean I don't like you. It just means right now, I like silence more."

You don't want to set the legal precedent though. Because in the future they can just tighten the screws on language, as in the case of "the champagne method" (secondary fermentation in the bottle) being disallowed as a description after the protection.

Every hour is green hour. -Hedonmonkey

Sometimes bad just gets so bad that it breaks thru to the other side and becomes good. - Phoenix